NUPE GC Karnataka Circle: Summary Record of Discussions of the 4th meeting of the National Anomaly Committee held on 5.1.2012

Department of Personnel and Training has now published the official minutes of 4th meeting of the National Anomaly Committee held on 5th January, 2012. We have reproduced the full text of the minutes and given below for your ready reference...

Summary Record of Discussions of the 4th meeting of the National Anomaly Committee held on 5.1.2012

The 4th meeting of the National Anomaly Committee was held on 5.1.2012 at 2.30 PM at New Delhi. The meeting was chaired by Shri R C Misra, Secretary DOP&T.

The Chairman welcomed all members of Official and Staff Side and expressed the hope that the Committee will be able to resolve the issues through a collaborative process. The Leader of Staff Side in his introductory remarks desired that the issues relating to increasing the frequency of the meetings of the National Council and other fora; increment for those whose date of increment fell between February 2006 to June 2006, benefit of MACP for Loco Drivers should be resolved on a priority basis.

The following agenda items were then discussed.

Items No. 1 to 4 & 5 (iii) - Anomaly in fixation of pay band in case of merger of pay scales.

The Staff Side reiterated that since the pre-revised scales 5000-8000 [S9] 5500-9000 [S10]; 6500-9500[S11]; and 6500-10500[ S12] were merged the commencement point of the Pay Band 2 should be at Rs.12090/- based on the minimum of S12 scale [6500 x 1.86 = 12090] instead of Rs.9300/- computed by multiplying Rs.5000/- by 1.86. The Official Side however insisted that what has been done is in line with the recommendation of the 6th CPC as well as the fitment tables which are also contained in the report itself.

It was decided that this item may be further discussed in the next meeting.

Item No 5 (i) and 34 & 35 - Reopening of the option for fixation of pay on promotion.

The Staff Side stated that the orders for giving the option up to 31.12.2010 was received late in the lowest formations and therefore, all the employees could not exercise the option, before the stipulated date. A demand for extending this date beyond 31.12.2010 was hence raised.

The Official Side stated that this item already stands closed but if there are still any pending issues in this regard these could be referred on a file to DOPT, which would consider the same and take a decision thereafter in consultation with Department of Expenditure.

Item No. 5 (iii) - Special Allowance & Qualifying Pay.

The Staff Side pointed out that although the special qualifying pay is treated as an allowance, it is counted as pay for purpose of fixation of pay on promotion to higher post. The result is that senior employees who have been promoted during the period 1.1.2006 to 31.8.2008 get the benefit of pre- revised qualification pay when they have been promoted whereas the junior employees promoted on or after 1.9.2008 have been granted the benefit of double qualification pay and therefore the pay of the seniors is getting fixed at a lower stage as compared to their junior counterparts resulting in an anomaly.

The Official Side agreed to look into this matter.

Item No.5 (iv) - Anomaly in fixation of pay between Direct Recruits & Promotees.

The Staff Side pointed out that in terms of FR 22 the pay of no person who is promoted should be fixed below the minimum of the Pay Scale of the higher post and as the system of Pay Bands have been introduced by clubbing several posts, the 6th CPC has devised a formula for fixing the entry pay (which is always the minimum) for fresh recruits. That being the case, the pay of all the promotees should also be fixed not below the said minimum i.e. the entry pay of the fresh recruit for each grade pay.

The Official Side explained that in such cases if an anomaly arises then the stepping up of the pay of the promotees is allowed subject to fulfilment of certain conditions. However, if certain difficulties persist in this regard, they could be referred to DoPT for consideration.

The Staff Side however insisted that all the conditionalities imposed while stepping up pay may be withdrawn and that the pay of all the promotees may be fixed at the entry level of that post as in the case of the direct recruit. This should be permissible in those posts where there is an element of direct recruitment in that post irrespective of any new recruit having joined the post or not The Official Side agreed to reconsider the points raised by the Staff Side.
It was decided that the matter shall be discussed in the next meeting.

Item No (v) - Date of Next Increment.

The Staff Side urged for grant of one increment in pre revised pay scale on 1.1.2006 as a onetime measure in respect of all those employees whose next increment fell between 1.2.2006 to 30.6.2006 and then re-fixing them in the revised pay band so as to grant next increment on 1.7.2006. The Official Side requested that the Staff Side should confirm that their request for grant of an increment in the pre-revised scale would not have repercussions on any other category and not lead to any further demands. The Staff Side confirmed that this was only a one-time measure and would not result in either raising of other demands or have repercussions on any other category of employees.

The Official Side stated that they will consider this issue positively.

(Necessary Orders have since been issued by DoExpdr dt 19.03.2012)

Item No 5 (vii) - Temporary Status Casual Labourers.

The Staff Side pointed out that as per the Scheme of Temporary Status, these employees have been granted the pre-revised minimum of Rs.2550-3200 applicable to the lowest post with the benefit of annual increment etc. Therefore in so far as the pay scale is concerned they are being treated as regular employees. However, they should be granted the Grade Pay of Rs.1800 and fixed at Pay Band I with effect from 1.1.2006 if they are already matriculates and if they do not meet this basic qualification they should be given the training and then fixed at Pay Band I with grade pay of Rs.1800

w.e.f. 1.1.2006. The Official Side noted this demand and assured consideration of the same.

(Necessary Orders have since been issued bu DoPT dt 23.01.2012)

Item No.11 - Grant of Revised Allowance w.e.f. 1.1.2006.

The demand of the Staff Side was that allowances formed part of wages and thus should be revised with effect from the same date from which the revised pay scales have been implemented i.e. 01.01.2006. The Official Side stated that the allowances, other than Dearness Allowance (DA), have been revised w.e.f. 01.09.2008 on the basis of specific recommendations of the 6th CPC. It was also mentioned that even in regard to 5th CPC recommendations similar practice was followed. Therefore, there was no anomaly as such.

Item No 12 & 13 - Transport Allowance.

The Staff Side pointed out that the calculations desired by the Official Side are already available under item no. 13. It was pointed out that Transport Allowance at the rate of Rs. 3200 granted to those in PB-3 of grade pay Rs•5400/- and above is 2.9 times of their pre-revised TA+CCA which was Rsatoo. The Transport Allowance in respect of Grade Pay of Rs.46o0/- and 4200/- has been revised to Rs.1600/- which is only 2.28 times of the pre- revised TA+CCA amounting to Rs.700/-.

The Staff Side demanded that the raise granted in respect of grade pay of Rs.4600/- and Rs 4200/- should also be 2.9.times of Rs.700/- which would work out to Rs.20307-. The Official Side stated that this is a new demand and cannot be treated as an anomaly. The Staff Side then stated that this item would be taken up in the National Council

Item No.14 - Revision of the existing allowance which are to be replaced by new schemes.

Reference was made to minutes of the 3rd meeting of National Anomaly Committee held on 15th February 2011 where under item No 14 it was stated that if within six months the new schemes are not finalized and introduced, the rates of the allowance like Risk Allowance & Patient Care Allowance would be doubled. The Official Side agreed to take a decision in this matter within a month's time.

Item No.15, 16, 17 - Parity in pension.

The contention of the Staff Side was that the pension of the pre-2006 retirees is fixed in terms of different set of rules as compared to those who retired on and after 1.1.2006 which results in pension at a lower rate for pre- 2006 retirees as compared to those who are in identical pay scale and at the same stage of pay but retiring on or after 1.1.2006. Reference was made by them to the 6th CPC recommendations which stated that pension will be subject to the provision that revised pension, in no case, shall be lower than 50% of the sum of the minimum pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. This recommendation was accepted by the Government vide para. 4.2 of O.M.No.38/37/08-P&PW (A) dated 1.9.2008 which reads as follows:

"The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG+ and above scales, this will be fifty percent of the minimum of the revised pay scale."

The Government of India vide their OM. No.38/37/08 P&PW (A) Pt I dated 3.10.2008 and OM F No. 38/37/08-P& PW (A) dated 11.2.2009 clarified that the pension calculated at 50% of the minimum of the Pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale. The Staff Side contended that by qualifying the term " minimum pay in the pay band" by the clause "irrespective of prerevised scale of pay" the 50% of pay in the pay band has been brought down to the minimum of the lowest pay scale in the pay band. In other words minimum pay in the Pay Band of PB 1 has been fixed at Rs.5200/- in respect of all the pay scales of that Pay Band. In PB 2, such a minimum has been fixed at Rs.9300/- in respect of pay scales of that Pay Band.

The Staff Side pointed out that the clarificatory OM dated 3.10.2008 and dated 11.02.2009 have been quashed and set aside in the latest judgment of full Bench of Principal Bench of Central Administrative Tribunal on these issues. The Official Side stated that the Judgment was under consideration and decision would be taken soon.

Item No. 24, 25, 26 - Commutation of pension.

The Staff Side demanded that option of commutation is given when a person retires and that the commutation should be allowed in terms of pension fixed at that time on the basis of pre-revised pay etc on the day following the date of retirement in terms of the Table then in force. In view of this if as a result of revision of pay the issue of additional amount of commutation arose, the commutation-table which was applicable on date of retirement needs to be adopted. The New Commutation-Table which has come into force on or after 1.9.2008 cannot be made applicable to determine

additional commutation value since the new Table was not in existence on the date of retirement.

The Official Side stated that for commutation purposes New Commutation-Table will have to be applied and this was based on the recommendations of the 6th CPC. Therefore, this cannot be construed as an anomaly.

The Official Side deferred this item for the next meeting.

Modified Assured Career Progression Scheme

It was demanded by Staff Side that the stage of Rs.2000/- and Rs.4600/- in Grade Pay hierarchy may be ignored for the purpose of MACP. Official Side stated that in the Joint Committee on MACP it was decided that there is a need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. The Official Side had since written to the Ministries of Railways, Defence, Urban Development, Home and the Department of Posts to elicit information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme and the Staff Side was also requested to collect and forward such information to the Department of Personnel & Training for further necessary action.

The Official Side pointed out that though DoPT had written to the concerned Ministries, no Ministry/Department other than Ministry of Urban Development had responded. Ministry of Defence representative stated that they have since sent the cases of specific problems on MACP. The Leader of Staff Side raised the issue relating to Loco Pilots/Drivers in Ministry of Railways. These employees are in the same grade pay and thus they are not getting any benefit of MACP.

The Official Side assured that such cases could be specifically looked into and where seniors were getting less pay than juniors after availing of benefit of ACPS/MACPS, stepping up of pay could be considered.

Miscellaneous

Following issues which were not part of the Agenda of the 4th meeting of the NAC were also raised by some of the Staff Side members.

a) Reference was made to minutes of the 3rd meeting of National Anomaly Committee held on 15th February 2011 where, under item No 28, relating to Grant of grade pay of Rs.5400 in PB-2 for Assn. Accounts/Audit Officers, it was decided that since this matter pertains to Group B employees who are not covered under the JCM Scheme, the item did not fall within the purview of the NAC. However, it was decided that Joint Secretary (Pers.), Department of Expenditure and Joint Secretary (Estt.), Department of Personnel & Training will discuss this issue with the members of the Staff Side This was noted by the Official Side.

b) The issue relating to doubling of Daily Allowance on Tour was also raised; and the Staff Side insisted that rates of daily allowance may be doubled if the present system of reimbursement on the basis of actual expenditure on conveyance, boarding and lodging etc. are not suitable / practicable in the case of employees who go on tour to places where there are no hotels / restaurants and the Auto drivers do not issue the receipts. It was pointed out that this was not an Item under discussion in the Agenda.

c) The issue of Child Care Leave to female civilian industrial employees in defence establishments was also raised and the Staff Side mentioned that this benefit has been given from 20.10.2011 even though it should be given from 1.9.2008 as in the case of female civilian government employees. The Official Side pointed out that reference from Ministry of Defence in this case was not on record.

On account of time constraint, this meeting of the NAC was adjourned thereafter with the decision that another such meeting will be held shortly to discuss the remaining items.